|General conditions of sale
1.1 The following terms and conditions shall apply to all services and sales provided by PRETEC BV, with registered office at KMO-Zone Molenheide 4062, 3520 Zonhoven, Belgium, registered in the Register of Legal Entities under enterprise number 0458.485.346. Referred to hereinafter as ‘we/us’ conducted and /or concluded with the other part, hereinafter referred to as ‘you/buyer’.
2. ORDERING PROCESS:
2.1 At the moment we present you the offer, you still have the possibility to modify your preferences (for example by changing the material, the size, the amount, etc.). Due to your modifications, our offer may change. When the offer fully correspondents to your preferences, you can accept our offer.
2.2 Our proposed offer shall be valid for fourteen days. After this period, you may apply for a new offer. Be aware that any new offer (including reorders) may differ from previous offers, even if the characteristics of your order are equal or similar to previous orders.
2.3 When you accept our offer, we will send you an e-mail confirming the order and its details. The agreement between us will enter into force only by our confirmation of your order.
3. PRICE and PAYMENT:
3.1 The price is as provided in the offer and is expressed in euro. The price displayed on the offer contains the full cost for the services rendered by us, the manufacturing of the product [and the transportation to the place of delivery requested by you]. The price in the offer does not automatically include assurance.
3.2 By accepting our offer you agree to make the payment as soon as possible in accordance with the payment conditions.
4.1. We shall provide, whenever possible, the total quantity agreed on the order. The buyer declares its acceptance on receiving partial deliveries.
4.2. As soon as the order is ready, we will send the parts to you in conformity with the option that you have chosen.
4.3. The risk of loss and/or damage with regard to the products shall be transferred to you at the moment the products leave our premises. We use discretion in selecting a reputable carrier and appropriate means of delivery, but the risks during transport are borne by you.
5. INSPECTION AND RETURNS
5.1 Upon delivery of the product(s), we expect that you carefully inspect the products: check if the received amounts correspond with the ordered amounts and if the goods are in conformity with the order. Complaints concerning quantities, non-conformity or the condition of the delivered goods must reach us in writing (by letter, e-mail,…) within 14 days after your receipt of the product(s).
5.2 In case of a non-conformity between the product and the offer, we will take the goods back. Be aware that minor deviations between the product and the offer are permissible, in conformity with the general tolerances stipulated in ISO2768-1 and ISO2768-2 and be aware of Annex A, clause A.4 which states that the tolerance the function allows is often greater than the general tolerance. The function of the part is, therefore, not always impaired when the general tolerance is (occasionally) exceeded at any feature of the work piece. Exceeding the general tolerance should lead to a rejection of the work piece only if the function is impaired.
6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY:
6.1 Be assured: any intellectual property rights, registered or not, with regard to your personal designs remain to you.
6.2 We shall not pass your design on to third parties without your prior written consent.
7. WARRANTY AND CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL:
7.1 We warrant that the products shall substantially meet the features of the ordered model, within the limitations of the current technology (in particular the machinery and the software programs).
7.2 We will make every effort to perform our obligations under these terms. However, we are not liable in case of force majeure. Force majeure means any circumstance beyond our control, including, for example, transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay caused by force majeure, we will perform our obligations as soon as reasonably possible.
7.3 We trust that you will not need to claim our liability. However, by accepting our terms and conditions you agree that our liability will in any event be capped at the price you paid for the products. We are not liable for consequential losses (e.g. loss of income), indirect or contingent losses.
8. APPLICABLE LAW AND COMPETENT COURTS:
8.1 Our agreement is subject to Belgian laws, with the exclusion of the Vienna Sales Convention.
8.2 In the event of the dispute between us in connection with this agreement, the courts of Antwerp, Hasselt section, Belgium, will have exclusive competence.